Acquisition of Capacity to Act – R.A. No. 6809 | Capacity to Act | PERSONS

Under Philippine law, specifically the Civil Code, the concept of capacity to act is fundamental in determining when an individual may legally engage in various transactions and exercise rights independently. Republic Act No. 6809 is central to understanding the acquisition of capacity to act in the Philippines as it lowered the age of majority, which affects when an individual acquires the full capacity to act.

1. Republic Act No. 6809 (R.A. 6809)

R.A. No. 6809, which was enacted on December 13, 1989, effectively lowered the age of majority from twenty-one (21) years old to eighteen (18) years old. This law amended the Civil Code, which previously defined the age of majority as twenty-one, thus directly impacting when a person attains the capacity to act legally and independently.

Key Provisions of R.A. No. 6809:

  1. Section 1 of R.A. No. 6809 amends Article 234 of the Civil Code, providing:

    • “Emancipation takes place by the attainment of majority. Majority commences at the age of eighteen years.”
  2. Section 2 amends Article 235, which defines the rights of individuals upon reaching the age of majority:

    • The provision clarifies that reaching the age of majority terminates parental authority over the child, making the individual legally responsible for their own actions.
  3. Effectivity and Coverage:

    • The law is effective for individuals reaching the age of eighteen, regardless of whether they attained that age before or after the enactment of R.A. No. 6809.
    • All individuals previously considered minors under the age of twenty-one are now considered to have full capacity to act once they reach eighteen.

2. Concept of Capacity to Act

Capacity to act is defined in the Civil Code as the "power to do acts with legal effect" (Art. 37, Civil Code of the Philippines). This concept is crucial for engaging in legal acts such as entering into contracts, acquiring property, and pursuing civil actions in court.

  • Natural Capacity refers to inherent ability or mental competence.
  • Legal Capacity is conferred by law upon reaching the age of majority, granting the individual the right to act independently in legal contexts.

3. Implications of the Lowered Age of Majority

The lowering of the age of majority to eighteen has several key implications:

  • Contracts and Legal Obligations: Eighteen-year-olds now have full legal capacity to enter into contracts, whether these relate to employment, leases, or sales. This capacity is unrestricted unless they are specifically disqualified by law (such as by mental incapacity).
  • Marriage: Prior to R.A. No. 6809, individuals needed parental consent to marry below the age of twenty-one. With the new law, only those under eighteen require consent, as eighteen is now the age of majority.
  • Criminal Responsibility: Under R.A. No. 6809, those aged eighteen are considered fully responsible for their actions under criminal law, subject to other qualifications provided by specific legislation, such as the Juvenile Justice and Welfare Act for minors.
  • Inheritance: At eighteen, individuals can now inherit property without the need for a guardian. They are also able to administer or claim an inheritance in their own capacity.
  • Parent-Child Relationships: R.A. No. 6809 terminates parental authority when a child reaches eighteen. Parents are no longer legally required to provide for the child, and parental consent is no longer needed for the child’s contracts or decisions.

4. Exceptions to Full Capacity

Although R.A. No. 6809 confers capacity to act at eighteen, the law recognizes that some individuals may still lack capacity due to mental incapacity or other legal disabilities. The following exceptions apply:

  • Mental Incapacity: A person eighteen or older who is deemed mentally incapacitated may be placed under guardianship or otherwise restricted in terms of legal capacity.
  • Incompetency Due to Health or Disability: Legal guardianship may still apply to individuals who, despite reaching eighteen, cannot manage their affairs due to physical or psychological conditions.
  • Other Restrictions Imposed by Law: For example, certain professions or privileges may require an age older than eighteen (such as obtaining specific licenses).

5. Effect on Prior Civil Code Provisions

R.A. No. 6809 effectively repeals or amends Civil Code provisions where the age of majority was previously set at twenty-one. Any Civil Code articles or related laws that mention the age of twenty-one as a marker for majority or capacity are superseded, adopting eighteen as the new standard.

6. Other Related Legal Implications

  • Taxation: Eighteen-year-olds, now with full capacity to act, are subject to tax obligations in their own right if they meet income requirements.
  • Property Ownership and Business Operations: An individual at the age of majority can own property, operate a business, and engage in transactions under the law.
  • Voting Rights: Although R.A. No. 6809 does not directly cover suffrage, the right to vote aligns with the age of majority as well.

7. Jurisprudential Interpretations

The Supreme Court of the Philippines has upheld the effectivity of R.A. No. 6809 by reaffirming that eighteen is the legal threshold for majority. The Court has interpreted this provision in cases involving family relations, property rights, and contractual obligations, underscoring that full capacity to act is attained upon reaching eighteen.

Summary

R.A. No. 6809 is a pivotal law in Philippine civil law, shifting the legal framework by reducing the age of majority from twenty-one to eighteen. It grants individuals full capacity to act upon reaching eighteen, affecting their contractual rights, parental relationships, criminal responsibility, and other civil obligations.